Research On The Environmental Dispute Resolution Mechanism

With the rapid development of Chinese economic, Chinese environmentalproblems become increasingly serious environmental issues increase will inevitablybring a large number of environmental disputes, environmental disputes processing inturn is directly related to the vital interests of the people，social harmony and stabilityof the country. Therefore, how to deal with the growing number of environmentaldisputes has important practical significance to the building of a harmonious societyin China.But in fact, of the dispute settlement system is too simple. Moreover, the presenceof over-reliance on the plight of the litigation, which makes non-litigation settlementmechanism of environmental disputes have practical importance and urgency. Handleenvironmental disputes in China there are two main ways: first, through a court actionto solve environmental administrative protection of the competent authority to resolve.The environmental disputes resort to court number, but inherently flawed due tolitigation in resolving environmental disputes, a large backlog of cases, but alsobecause of the causality bad identified, many environmental disputes can not beeffectively resolved.Therefore，environmental dispute settlement mechanism must be the litigationmechanism and litigation alternative mechanisms coexistence. Litigation mechanismsand non-litigation mechanism in our country, has been established not play a role inthe difficult problem of environmental dispute resolution is very prominent, the mostfundamental reason is the lack of a reasonable procedural safeguards. In a sense, theeffectiveness of China’s environmental law, and a long time do not attach importanceto the protection of procedural law, is directly related with the dispute settlementmechanism as the driving force of the legal development. Therefore, to build theenvironmental dispute settlement mechanism to adapt to the environment-friendlysociety, must radically change the situation of the lack of procedural law andshortcomings, and constantly improve the environmental dispute settlementmechanism. In this thesis, the visits of foreign national environmental disputes settlementmechanisms look at our environmental dispute resolution mechanisms. On the basisof legislative experience to learn from the United States, Japan, Germany and othercountries, the shortcomings of environmental disputes resolution mechanism.Discusses the concept of environmental public interest litigation, characteristics andclassification， and environmental public interest litigation rules and its value theresolution. In addition, the status of our environment, civil and administrative publicinterest litigation. Environmental public interest litigation system in China, is still inthe status of missing legislative, judicial practice, the majority of these cases, theparties eligibility reasons failed to get judicial relief， the use of environmental publicinterest litigation to protect the environment and public interests, is still in overallproudly as the storm dilemma. Then discussed the legislative path of China’senvironmental public interest litigation system. Proceed with the design andenvironmental public interest litigation to achieve path from the EnvironmentalPublic Interest Litigation and Environmental Administrative Public Interest Litigation.Specifically problems include legislative ideas, articulating and operatingenvironment support the fine aspects and divide and expand discussed through theanalysis of the status of non-litigation settlement mechanism in China’senvironmental disputes and problems. Then come up with strategies andrecommendations to improve the non-litigation settlement mechanism. China’senvironmental disputes without litigation to resolve the mechanism should be how tobuild a strategy for the problems.